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BT Labor Relations - Current News and Practical Analysis
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18 Sep 2018 Preempted: Wisconsin Law Offering Shorter Union Opt-Out Window Overturned

Under the Labor Management Relations Act (LMRA), unions can make employees’ authorizations for union dues to be deducted from their paychecks irrevocable for up to one year. But can a state enact a law that truncates that revocability period? According to a recent ruling from the U.S. Court of Appeals for the Seventh Circuit, the answer is no.   In 2015, Wisconsin passed a law that mandated employee union dues authorizations be revocable after 30…

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21 Aug 2018 Woo-Hoo! NLRB Now Permitting Class Action Waivers

For years employers around the country operated in area of uncertainty with respect to whether “class action waivers” in employment agreements – such as those included in mandatory arbitration programs – were enforceable.   The National Labor Relations Board (NLRB) routinely took the view that such waivers violated the National Labor Relations Act (NLRA). Now, the board is finally backing off that position.   Class action waivers prohibit employees from forming class or collective actions under…

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22 Mar 2018 Whose Law Is It Anyway? NLRB Dings Company For Actions Related To FLSA (Not NLRA) Lawsuit

  The National Labor Relations Board (NLRB) raised eye brows in 2015 when it ruled that an individual who filed a collective action claim pursuant to the Fair Labor Standards Act (FLSA) in federal court was engaged in “protected activity” under the National Labor Relations Act (NLRA). The board then rendered a similar ruling last year, again finding that the filing of an FLSA collective action is protected by the NLRA. Notably, the FLSA has…

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16 Feb 2018 Prior Administration Board Decisions Still Matter

  There has been a great deal of discussion and internet content over the impact that a new and fully constituted NLRB could have on critical labor issues – and for good reason.   The Board in the last several years handed down multiple decisions on key issues that turned decades of precedent on its head.  It only makes sense that a more “pro-employer” trend due to the changes in administration would have companies excited at…

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23 Jun 2017 Negotiating Tips: The Art of the Ratification Bonus

  Every negotiation, especially complex negotiations, requires careful planning and, once things get underway, creative ideas and tools to bring the deal to completion. In the collective bargaining context, one often overlooked tool available to companies that can help “grease the skids” is the ratification bonus (aka “signing bonus”). There are two critical components to an effective ratification bonus: 1) structuring it in a way that truly incentivizes a union to accept the deal you…

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18 May 2017 Another Overreach? NLRB Finds Company Violated the NLRA by Retaliating Against Former Employee for Filing FLSA (Not NLRA) Class Action

  From scrutiny of class action waivers to invalidating non-union employer handbooks, we’ve seen the National Labor Relations Board (NLRB) over the past eight years incrementally expand and encroach into areas companies never expected. This means companies have had to deal in totally different ways with the agency traditionally known for governing management-union relations.   On May 16, the NLRB broke new ground yet again in its decision in MEI-GSR Holdings, LLC, 365 NLRB No….

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31 Jul 2015 NLRB: Filing an FLSA Collective Action is Protected Concerted Activity

The NLRB determined this week that an individual who filed a collective action FLSA claim in federal court was engaged in protected concerted activity – even if no other employees asked him to do it.   NLRB Chairman Mark Gaston Pearce and Member Lauren McFerran agreed in the case of 200 E. 81st Rest. Corp., 362 N.L.R.B. No. 152 (7/29/15), that the individual employee’s action was protected concerted activity and that the employer’s post-filing firing…

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